The case in Brooklyn Criminal Court comes to light as the Fordham student prepares to sue the SoHo nightclub W.i.P. for Thursday’s Rihanna-inspired riot.

Gutierrez told The Post she and a girlfriend were partying at the club with Brown when the two sides began fighting. She suffered a head wound in the fracas.

Sources yesterday said cops still plan to charge Drake with throwing a bottle — but they want to talk to him first.

According to court papers, Gutierrez had previously worked as a “bottle-service waitress” for Greenhouse, the club connected to W.i.P.

Gutierrez’s lawyer, Sal Strazullo, said that she is “absolutely not” a prostitute, and that her Jan. 14 arrest followed Gazal pulling off a condom during sex. Court records show that when police arrived, Gutierrez told them, “I was raped.” She later allegedly admitted that wasn’t true.

Cops busted Gutierrez on charges of prostitution, drug possession and making a false incident report, while Gazal was charged with patronizing a prostitute.